Black v. Hankins
Alabama Court of Appeals
Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Action by S. W. Hankins against J. M. Black for damages for backing water over his lands and crops. Judgment for plaintiff and defendant appeals.
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Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Action by S. W. Hankins against J. M. Black for damages for backing water over his lands and crops. Judgment for plaintiff and defendant appeals. Where plaintiff takes issue on an immaterial plea, the defendant is entitled to a verdict on the plea when it was established by the evidence. — Gerald v. Tunstall, 109 Ala. 567; L. & N. v. Brinlcerhoff, 119 Ala. 606; Agnew v. Walden, 84 Ala. 502; Williams v. Mc-Kissach, 125 Ala. Ala. 544; 135 Ala. 230; 114 Ala. 362; 93 Ala. 153; 97 Ala. 580. The defendant was therefore entitled to…
1Opinion of the CourtThomas, J.
This is an action of case brought by the appellee, Hankins, against the appellant, Black, for the recovery of damages claimed to have resulted from an alleged obstruction by Black of a water course flowing through certain adjoining lands of Black and Han-kins; Hankins being the upper and Black the lower riparian owner of the said lands lying along the course of said stream, and it affording a natural drainage for each.
The complaint, consisting of seven counts, ivas filed July 24, 1911, and alleged, in substance, that the obstruction was placed in said water course by Black on his own lands on…
2Cases cited10 opinions
- Sparks v. McCrearySupreme Court of Alabama · 1908
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Polly v. McCallSupreme Court of Alabama · 1860
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
- Conestee Mills v. City of GreenvilleSupreme Court of South Carolina · 1931
- Pratt Cons. Coal Co. v. MortonAlabama Court of Appeals · 1915
- Roberson Motor Co. v. HeathAlabama Court of Appeals · 1952
- Caffee v. DurrettSupreme Court of Alabama · 1968